41 U.S.C. § 428a : US Code - Section 428A: Special emergency procurement authority

Search 41 U.S.C. § 428a : US Code - Section 428A: Special emergency procurement authority

(a) Applicability
The authorities provided in this section apply with respect to
any procurement of property or services by or for an executive
agency that, as determined by the head of such executive agency,
are to be used -
(1) in support of a contingency operation; or
(2) to facilitate the defense against or recovery from nuclear,
biological, chemical, or radiological attack against the United
States.
(b) Increased thresholds
For a procurement to which this section applies under subsection
(a) of this section -
(1) the amount specified in subsections (c), (d), and (f) of
section 428 of this title shall be deemed to be -
(A) $15,000 in the case of any contract to be awarded and
performed, or purchase to be made, inside the United States;
and
(B) $25,000 in the case of any contract to be awarded and
performed, or purchase to be made, outside the United States;
and
(2) the term "simplified acquisition threshold" means -
(A) $250,000 in the case of any contract to be awarded and
performed, or purchase to be made, inside the United States;
and
(B) $1,000,000 in the case of any contract to be awarded and
performed, or purchase to be made, outside the United States.
(c) Increased limitation on use of simplified acquisition
procedures
For a procurement to which this section applies under subsection
(a) of this section, the $5,000,000 limitation in the following
provisions of law shall be deemed to be $10,000,000:
(1) Section 427(a)(2) of this title.
(2) Section 2304(g)(1)(B) of title 10.
(3) Section 253(g)(1)(B) of this title.
(d) Commercial items authority
(1) The head of an executive agency carrying out a procurement of
property or a service to which this section applies under
subsection (a)(2) of this section may treat such property or
service as a commercial item for the purpose of carrying out such
procurement.
(2) A contract in an amount greater than $15,000,000 that is
awarded on a sole source basis for an item or service treated as a
commercial item under paragraph (1) shall not be exempt from -
(A) cost accounting standards promulgated pursuant to section
422 of this title; or
(B) cost or pricing data requirements (commonly referred to as
truth in negotiating) under section 2306a of title 10 and section
254b of this title.
(e) Contingency operation defined
In this section, the term "contingency operation" has the meaning
given such term in section 101(a)(13) of title 10.